Mazdabrook Commons Homeowners’ Association v. Wasim Khan (A-65-10; 067094)

Mazdabrook Commons Homeowners’ Association v. Wasim

Khan (A-65-10; 067094)

    Balancing the minimal interference with Mazdabrook’s

private property interest against Khan’s free speech

right to post political signs on his own property, the

sign policy in question violates the free speech

clause of the State Constitution. 6-13-12

US Bank, N.A. v. Nikia Hough (067029; A-82-83-10)

US Bank, N.A. v. Nikia Hough (067029; A-82-83-10)

  According to the plain language of N.J.A.C. 5:80-

26.18(e), the portion of the loan exceeding the

permissible limits of N.J.A.C. 5:80-26.8(b) is void

and not collectible by the lender; the remainder of

the loan is valid and secured by the affordable

housing unit.5-22-12

W.J.A. v. D.A. (067093; A-77-10)

W.J.A. v. D.A. (067093; A-77-10) 

             Presumed damages continue to play a role in New

Jersey’s defamation jurisprudence in private plaintiff

cases that do not involve matters of public concern. 

Where a plaintiff does not proffer evidence of actual

damage to reputation, the doctrine of presumed damages

permits him to survive a motion for summary judgment

and to obtain nominal damages, thus vindicating his

good name. 5-16-12

John Seals and Julia Seals v.County of Morris (067441; A-84/85-10)

John Seals and Julia Seals v.County of Morris

 (067441; A-84/85-10)

   Neither Contey nor N.J.S.A. 48:3-17.1 confers immunity

on the utility for its negligence, if any, in placing

the electric pole.  If a governmental entity directs a

utility where to place a pole – as in Contey – the

utility is immune from liability.  When there is no

governmental dictate, ordinary negligence standards

apply.  A utility will be liable if it places or

maintains an electric pole where there is an

unreasonable and unnecessary danger to travelers upon

the highway.  Whether the County is entitled to TCA

immunity must be remanded for further proceedings. 5-14-12

Twenty-First Century Rail Corporation, et al. v. New Jersey Transit Corporation, et al. (067652; A-101-10)

Twenty-First Century Rail Corporation, et al. v. New

Jersey Transit Corporation, et al. (067652; A-101-10)

             Disqualification of the attorney for PB Americas is

warranted in this case because details relating to the

construction project, the relationship among the

parties, and the attorney’s prior representation of an

adverse party, FKSB, demonstrate that the subsequent

representation was prohibited by RPC 1.9(a). 5-7-12

N.J. Association of School Administrators v. Bret Schundler (066789; A-98-10)

N.J. Association of School Administrators v. Bret

Schundler (066789; A-98-10)

    N.J.A.C. 6A:23A-3.1(e)(3) - (6) are valid, and

N.J.S.A. 18A:30-3.6 did not supersede N.J.S.A. 18A:30-

3.5.  The Legislature had the authority to modify

terms and conditions for future contracts for public

employment in a manner that did not raise

constitutional concerns; the laws that protect tenure

rights did not prevent the Legislature’s later

actions; the Legislature properly exercised its power

when it directed the Commissioner to issue the

regulations; and the regulations were consistent with

their respective enabling statutes, advanced the

Legislature’s goals, and protected benefits that

employees had already accumulated.  The statute

capping sick leave payments has not been superseded

and covers high-level employees, including

superintendents and assistant superintendents; the

more recent enactment expands the sick leave cap to

cover all newly hired school employees. 5-3-12

Paris Wilson, et al. v. City of Jersey City, et al. (066782; A-61/62-10)

Paris Wilson, et al. v. City of Jersey City, et al.
          (066782; A-61/62-10)

 N.J.S.A. 52:17C-10 provides immunity to 9-1-1 operators and their public-entity employers for negligence in delivering 9-1-1 services, including the mishandling of emergency calls.  Because the statute   does not protect conduct that constitutes wanton and

willful disregard for safety, that issue must be addressed on 

remand. 3-8-12